Capital punishment in islamic law : a critical analysis in the context of modern debate /
Capital punishment has been a part of the Islamic penal code since Islam's inception, and has not been a contested area of the Sharī'ah up until recently. From the twentieth century onwards, as the world has progressively moved towards the wholesale abolishment of capital punishment, Musli...
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| Main Author: | |
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| Format: | Thesis |
| Language: | English |
| Published: |
Kuala Lumpur :
Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2019
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9748 |
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| Summary: | Capital punishment has been a part of the Islamic penal code since Islam's inception, and has not been a contested area of the Sharī'ah up until recently. From the twentieth century onwards, as the world has progressively moved towards the wholesale abolishment of capital punishment, Muslims, and Muslim majority countries, still believe in and retain the practice. As a result of the global trend towards the abolishment of capital punishment, there have been calls for Muslims to implement legal reforms and consider abolishing the practice. This study aims to answer the question as to whether or not Muslims can abolish capital punishment while still being faithful to their religion and their longstanding legal tradition. The study attempts to answer this question by approaching the issue from several vantage points. First, the study expounds on the sources, purpose, and types of punishment and capital punishment in Islam. Second, the study then delves into what modern Islamic legal scholars, across the spectrum, have to say about the potentiality of abolishing capital punishment. Third, the study examines how the two Muslim majority countries of Pakistan and Saudi Arabia go about implementing capital punishment and attempts to discern whether or not capital punishment is being abused by the authorities. The aforementioned information has been ascertained by utilizing different qualitative research methods, namely: historical, multiple case study, and exploratory. Finally, the study then concludes by presenting a possible solution to the issue based on the study's finding. |
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| Physical Description: | ix, 132 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 123-132). |